국제환경분쟁의 해결

Settlement of International Environmental Dispute

Most of the multilateral environmental agreements(MEAs) containing dispute settlement provision, request Parties to comply a general obligation to peacefully settlement of international environmental disputes. A range of international procedures and mechanisms are available to assist in the peaceful settlement of international environmental disputes. Article 33 of UN Charter identifies the traditional mechanisms, including negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of the parties’ own choice. There are no international judicial or quasi-judicial bodies solely dedicated to environmental disputes, the partial exception being the Chamber for Environmental Matters of the ICJ. Cases involving environmental issues have been brought before the international courts and tribunals, such as ICJ, ITLOS, the WTO dispute settlement systems, the European Human Rights Court. Recently, one of the most significant development in the field of international environmental law has been the emergence of non-compliance procedures(NCP) under various MEAs. This paper is to examine whether the NCP could be a means of alternative dispute resolution.